Escheator shall sue for property in sale, after the manner herein before prescribed of all such property both real and personal, as has been heretofore escheated, (save that which may have been escheated prior to the 4th day of July, 1776,) by the death of the person last seized, and possessed without will, and without heirs, any law or usage to the contrary notwithstanding; and further, wherever any property real or personal, of any person dying without certain cases. will and without heirs, shall be found in the hands of any executor or administrator, the escheator shall on behalf of the State, sue for and recover the same either at law or in equity, and of real estate, the same when recovered shall be sold by notice and advertisement, as hereinbefore directed, and if personal property, the amount of the same when recovered, shall be paid into the public treasury of this State. Rights of creditors saved, and 5. Sec. V. Nothing herein contained shall prejudice the rights of creditors, or other individuals having claims or legal titles, or who shall persons dis- be under the disabilities of infancy, coverture, duress, lunacy, or being beyond the limits of the United States, until three years after such disabilities shall be removed. abled. Penalties on escheators for misconduct, or for purchasing any escheated property. The duty of the court of ordinary where an alien dies heirs. 6. Sec. VI. If any escheator shall fail to do the duty required of him by this act, or any loss or damage shall accrue to this State by his misconduct or fraudulent practices, the offender shall be responsible for all such loss or damage: and the superior court of the county, wherein the offender resides, shall have power and authority to order a prosecution in the name of the State, and the jury shall try the fact, and assess the damages and costs, and upon conviction, such escheator shall be incapable for ever thereafter of holding any place of trust or profit within this State; and further, that no escheator shall directly or indirectly, either by himself or any person whatsoever, purchase or be concerned with any person or persons, in purchasing any escheated property, without being subject and liable to the payment of five thousand dollars, to be sued for and recovered in any court of record, one-half for the benefit of the informer who shall sue for and recover the same, and the other half to the use of the State; and moreover, that every such offender on conviction, shall be forever disabled from holding any office of trust or profit under this State. An Act to amend an act, entitled "An Act to regulate escheats." 7. Sec. I. From and after the passing of this act, it shall be the duty of the court of ordinary, when any alien,* resident or non-resident, shall depart this life, intestate, and without heirs, in this State or the without will United States, to cause the estate and effects of such alien, without and without delay, to be safely collected, and a just and true inventory and appraisement thereof to be made; and after giving twenty days' notice, by advertisement in one of the public gazettes of this State, and at two or more public places in the county where such alien shall die, shall cause the said estate to be sold at public auction, and the proceeds of such sale to be paid into court, to be applied and disposed of in manner hereinafter mentioned. After the mo ney is got in, 12 months notice to be given to creditors, 8. Sec. II. After such sale as above mentioned shall have taken place, and the proceeds paid into court, it shall be the duty of the said court of ordinary, and the said court is hereby required to cause public notice to be given, by advertisement, for the creditors of such deceased * This act applies only to such escheated estates as belonged to aliens. The reason why there should be this distinction between such estates, and all other escheated property, as provided for in the act of 1801, is not very apparent. to come forward, within twelve months after the publication of such notice, and prove their debts to the satisfaction of the said court; and after the expiration of the said twelve months, the said court shall proceed to examine and ascertain the total amount due such creditors, and shall pay and satisfy each of the said creditors in whole or in part, who shall be paid in proas the estate of the deceased will admit, and the surplus, if any, after portion to the such payment as aforesaid, shall be disposed of as is directed by the funds. escheat law. pay moneys 9. Sec. III. The several escheators of this State, who have, or may Escheators to hereafter have or receive any moneys, arising from the sales of such into the court estates as aforesaid, shall, upon the requisition of the court of ordinary of ordinary. of the county, pay such moneys into the said court, within twenty days after he shall be required so to do by the said court; and in default thereof, shall forfeit and pay double the sum which such escheator shall have received, and have in his hands as aforesaid, to be recovered by action of debt in any court having jurisdiction thereof. 10. Sec. IV. The act "to regulate escheats," so far as the same Repealing militates with this act, be, and the same is hereby repealed. An Act to explain and amend the escheat laws.-Approved December 15, 1810. Vol. II. 665. Whereas the escheators in many counties of this State are causing vexatious law-suits, by pointing out property not contemplated by the escheat law of 1801; to wit, the estate of citizens of this State, who bequeathed their estates to persons residing in foreign parts: for remedy whereof, clause. ed by citizens the aliens 11. Sec. I. Be it enacted, &c. That in all cases where a citizen of Lands devisthis State, or of the United States, shall die, or may have died, pos- to aliens may sessed of or entitled to any real estate, and shall leave no heir who can be sold, and inherit the same, because of his or her being alien; that in such case may receive the proceeds. the said real estate shall not be held or considered subject to escheat, but the executor or administrator of such deceased citizen shall and may proceed in the manner pointed out by law, to make sale of such real estate, and pay over the proceeds of such sale to the devisee or devisees named in the will of such deceased citizen, or to the legal representatives of such deceased citizen: provided always nevertheless, Proviso, not that nothing herein contained shall be so construed to affect cases to disturb where the escheator in any county shall have already proceeded to sales, &c. make a disposition of property under the escheat laws of this State, and the proceeds thereof shall actually have been paid into the treasury of this State. previous 12. Sec. II. In all cases where a citizen has heretofore died, leav- Escheat sales when good. ing real estate as before mentioned, and shall have made a disposition thereof by will, and the executor or executors of such deceased citizen have proceeded to make sale of such real estate for the benefit of the heirs of such deceased citizen, such sales shall be, so far as it regards the title of such deceased citizen, held and considered valid and legal, any law to the contrary notwithstanding. tate when it 13. Sec. III. No personal estate of any deceased person shall be Personal esconsidered subject or liable to escheat in this State, except in cases escheats. where such deceased person shall have made no disposition of the same by will, and shall have no legal representatives to inherit the same. aliens. 14. Sec IV. Perishable articles of aliens shall be sold after giving Perishable twenty days' notice in two or more places in the county where such property of articles may be; the other property of such alien shall be disposed of agreeable to the escheat act of 1801. Illegitimate children, how herit from their mother, An Act to explain and amend an act, entitled "An Act to regulate escheats in this State, and to appoint escheators," passed the 5th December, 1801.-This act approved Dec. 13th, 1816. Vol. III. 276. Whereas the term heirs, in the said act contained, has been so construed as to prevent children, born of the body of the same mother, from being capable of inheriting or transmitting inheritance: 15. Be it enacted, &c. That where any woman shall die intestate, they may in- leaving children, commonly called illegitimate, or natural, born out of wedlock, and no children born in lawful wedlock, all such estate, whereof she shall die seized or possessed, whether real or personal, shall descend to, and be equally divided among such illegitimate or natural born children and their representatives, in the same manner as and from one if they had been born in wedlock; and if any such illegitimate or natural born child shall die intestate, without leaving any child or children, his or her estate, as well real as personal, shall descend to, and be equally divided among his or her brothers and sisters, born of the body of the same mother, and their representatives, in the same manner, and under the same regulations and restrictions as if they had been born in lawful wedlock. another. Oath of the quest as to escheated property. Sec. II. [Repeals all conflicting laws.] An Act prescribing the oaths to be taken by juries in certain trials under the several acts to regulate escheats, and to authorize the judges of superior courts to adopt the necessary forms of process and other proceedings to carry the said acts into effect.-Approved Dec. 19, 1817. Vol. III. 277. 16. Sec. I. The oath to be taken by the jury upon an inquest of jury of in office, touching escheated property, such as is described in the second section of an act, entitled "An Act to regulate escheats in this State, and to appoint escheators," passed the 5th day of Dec. 1801, shall be as follows: You shall true inquest make, touching the escheat of such property as may be given you in charge, and a true verdict give according to evidence: So help you God.' Oath of the jury on the trial a claim to es cheated perty. pro The judges or courts to 17. Sec. II. When any property returned by the escheator is claimed by any person or persons, pursuant to the third section of the above recited act, and an issue is made up thereon, the oath to be administered to the jury upon the trial of such issue shall be as follows: "You shall well and truly try this issue of escheat between the State of Georgia and -, [here insert the name of the claimant or claimants,] and a true verdict give according to evidence: so help you God." 18. Sec. III. The judges of the superior courts in the several of the superi- circuits of this State are hereby authorized and required to devise and settle all the adopt the several forms of process, and other proceedings which may forms on this be necessary and proper to carry into effect the above-recited act, subject. and all the several acts or parts of acts amendatory or supplementary thereto. necessary An Act more effectually to provide for the collection of the funds arising from the sales of escheated property within this State, and to apply the same to literary purposes.-Approved December 21, 1819. Vol. III. 278. Whereas the provision heretofore made for the collection of the funds arising from the sale of escheated property, has been found inadequate and unproductive: solicitors gen payment of escheators, 19. Sec. I. Be it enacted, &c. That from and immediately after Attorney and the passing of this act, it shall be the duty of the attorney and solicitors eral shall engeneral, at the first term of the Superior court in every year, in each force the and every county in this State, by rule or order of the said Superior moneys by court, to require the escheators in the said counties respectively, to pay by order of into the hands of the said attorney or solicitors general, for the purposes court, herein mentioned, all such sum or sums of money as may be in the hands of the escheators under the several escheat laws of this State; and in case of a default or refusal by any such escheator, the Superior courts aforesaid shall have power to punish such escheator in the same manner as if such escheator was a defaulting officer of such court. it into the treasury, 20. Sec. II. It shall be the duty of the attorney or solicitors gen- and shall pay eral, immediately upon the receipt of any sum or sums of money, under and by virtue of this act, to pay the same into the treasury of this State, where the same shall constitute a fund, to be disposed of and distributed in the manner herein provided.* the acade 21. Sec. III. All such sum or sums of money as may arise under to be distribthe several laws of this State, upon the subject of escheats, shall be uted among distributed among the several county academiest of this State, which mies. have not received the amount of one thousand pounds as contemplated by the act of 1792, making provision for the county academies in such proportions as may yet be due. 22. Sec. IV. All laws and parts of laws militating against this act Repealing be, and the same are hereby repealed, except so far as relates to the Chatham county of Chatham, where the said funds shall be applied as heretofore. An Act, to alter and amend the several escheat laws of this State, so far as relates to the disbursement of money arising from the sale of escheated property, in the several counties of this State.-Approved Dec. 29, 1836. Pam. 126. 23. county. of the county Sec. I. From and immediately after the passage of this act, Eschent moall moneys arising from the sale of escheated property in the several ney to be part counties of this State, shall vest in, and become a part of the fund of funds, said county respectively. tices of the 24. Sec. II. The solicitor general and attorney general of the and paid over several judicial circuits of this State, be authorised and required to to the juscollect all such monies arising in the several counties in their circuits, infer'r court. respectively, in the manner pointed out by an act, passed December 21st, 1819, entitled an act more effectually to provide for the collection of the funds arising from the sales of escheated property within this State, &c. whose duty it shall be to pay over the same, when collected, to the justices of the Inferior court, of the county wherein the property is escheated. 25. Sec. III. Nothing contained in this act, shall be so construed Rights of as to take from the heirs of escheated property, any rights of heirship theirs saved given them by the escheat laws of force in this State. Sec. IV. [Repeals all conflicting laws.] * Made a part of the county funds by act of 1836. See Sec. 23, next act. + General donation of escheated property not previously disposed of, to county Academies by act of Dec. 21, 1820. See Academies and Free schools, Sec. 8, 9. 201 Stud horses running at large may be gelded. Proviso. Persons sell for their own use, forfeit double the value. ESTRAYS. An Act concerning Estrays, and for improving the breed of Horses.— And for the improvement of the breed of horses within this State, [The rest of this act repealed by the act of 1801.] An Act to revise and amend the foregoing.-Approved February 15, 1799. Vol. I. 211. 2. Sec. III. If any person shall presume to sell, or dispose of, or ing estrays apply to his or their own use, any estray, every such person or persons so offending shall be subject to indictment for a misdemeanor, and on conviction thereof shall forfeit and pay to the justices of the inferior court, for the use of the county in which such offence may be committed, double the value of such estray or estrays, so sold, applied, or converted to his, her, or their use.* Who may take up estrays. the taker up must toll within ten [The rest of this act repealed by that of 1801, next in order.] An Act to amend and consolidate the several Estray Laws of this 3. Sec. I. It shall and may be lawful for any person upon his own freehold, or other person having charge of such freehold in the absence of the owner thereof, and not elsewhere, to take up all estrays, whether horse, mare, colt, filly, ass, mule, neat cattle, sheep, goat, or hog, that What estrays may be found straying away from their owners; and every person taking up estrays as above, shall, within ten days, in case such estrays have been broke to service, take, or drive it or them before a justice Duty of the of the peace in the county, whose duty it shall be, and he is hereby required to take down in writing a particular description of the marks, natural and artificial, brands, stature, age, and color of such estray or estrays; and immediately to issue his warrant to two or more freeholders of the vicinage commanding them, having been first duly sworn thereto, well and truly to appraise or ascertain the value of such days. justice. Must issue his warrant of appraisement. * See sec. 16. |